Re: Volunteer Agreement and Acceptance of Risk, Waiver, and Release

DATE

Re: Volunteer Agreement and Acceptance of Risk, Waiver, and Release

NAME

ADDRESS

ADDRESS

Dear NAME,

Thank you for volunteering to be a volunteer for the UNC Charlotte Department of Biology. As a volunteer in that capacity, your duties will primarily include: ______.

Volunteer Agreement. On April 21, 1980, Governor Hunt signed Executive Order Number 48, which encourages State agencies (including UNC Charlotte) to enroll the services of volunteers and provides that such volunteers shall benefit from the same liability protections for their services to State agencies as State employees receive while in the course and scope of their employment.

Executive Order Number 48 defines “volunteer” as “any person who provides goods or services to any state agency of his or her own free will and for no financial gain.” In order to be eligible as a volunteer, then, you will not be paid for providing any services to the ______. The ______may, however, reimburse you for expenses directly related to your volunteer services.

As a volunteer for the ______, you will be covered by the Tort Claims Act and the Defense of State Employees Act to the same extent as a University employee. The Defense of State Employees Act describes the conditions for legal representation of employees by the Attorney General and payment of judgment or settlement costs from State funds. The Tort Claims Act provides liability coverage up to $1,000,000 for any final judgment against a State employee. As a volunteer for the , you will also enjoy excess liability coverage. Excess liability coverage represents an amount of coverage above the limits of the Tort Claims Act. (Currently, excess liability coverage provides $5,000,000 per employee, $5,000,000 per occurrence, and $10,000,000 annual aggregate.)

You will not, however, be covered by the Worker’s Compensation Act for any injuries that you might suffer while in the course of volunteering for the ______. Nor will you be covered by the State Personnel Act or other provisions of law and regulations governing grievance procedures for State employees.

Executive Order Number 48 also requires that volunteers must “comply with the appropriate agency rules, regulations, and policies pertaining to conduct, record keeping, and any other policy necessary for the operating efficiency of the state agency.” Applicable University policies are available online at legal.uncc.edu/policies.

Additionally, you will be required to adhere to departmental and laboratory safety policies and procedures. Finally, you must abide by the reasonable instructions given to you by the principal investigator, faculty member, research associate, or graduate research assistant that is responsible for your supervision in the laboratory.

Acceptance of Risk, Waiver, and Release. Working in a research laboratory may require engaging in activities that involve exposure to dangerous and hazardous materials. By signing this agreement, you are expressly agreeing that you may suffer injury, illness, or even death from your activities or presence in the laboratory. Accordingly, you release and hold harmless the State of North Carolina, the University of North Carolina, and their officers, directors, employees, representatives, agents, and volunteers (collectively, the “Releasees”), from any and all liability and responsibility whatsoever, however caused, for any and all damages, claims, or causes of action that you may have for any loss, illness, personal injury, death, or property damage arising out of, connected with, or in any manner pertaining your volunteer activities in the university’s laboratories.

Please sign below to indicate your acceptance of the terms of this arrangement, return the original to me, and keep a copy for your files.

Again, I sincerely appreciate your generosity in providing your services and expertise as a volunteer ______for the Department of Biology. I look forward to working with you.

Sincerely,

I certify that I am over 18 years of age, and that I fully understand the risks involved, my responsibilities, and the terms of this Volunteer Agreement and Acceptance of Risk, Waiver, and Release. If I am under 18 years of age, I certify that my parent or legal guardian has been provided a copy of this release for review and has included his/her signature below.

PRINTED NAME

Signature

Date

I am the parent or legal guardian of the above-named minor. I certify that I understand the foregoing Volunteer Agreement and Acceptance of Risk, Waiver, and Release. Knowing the risks stated above, I consent to my child’s/ward’s presence and use of equipment and materials in the research laboratory.

PRINTED NAME

Signature

Date